Patent
Patent search
A patent search is a critical step in the innovation lifecycle, involving the identification of existing patents and non-patent literature that may qualify as “prior art.” Prior art encompasses any publicly available information—whether patented or not—that may impact the novelty and patentability of an invention.
Conducting a thorough patent search helps innovators assess the uniqueness of their invention, reduce risks, and make informed decisions before proceeding with patent filing or commercialization.
Our team of experienced IP professionals is well-equipped to conduct comprehensive and high-quality patent searches across various domains. To date, we have successfully completed 500+ patent search projects, delivering insightful and actionable reports to our clients.
Types of Patent Searches
We offer a wide range of patent search services, including:
- Prior Art/Patentability Search – To assess novelty and inventive step
- Freedom to Operate (FTO) Search – To evaluate potential infringement risks
- Invalidity/Validity Search – To challenge or defend existing patents
- State of the Art Search – To understand existing technological developments
- Technology Landscape Analysis – To identify trends, key players, and innovation gaps
- Evidence of Use (EoU) Search – To detect potential infringement of patent claims
How to get Started
Patent Drafting
Once the novelty of an invention is assessed, the next step is to prepare a clear and strategically drafted patent application. The specification should concisely define the problem, solution, inventive features, and best method of implementation, forming the basis of strong legal protection. In India, a patent application can be filed either by first submitting a provisional specification (for early-stage inventions to secure priority) followed by a complete specification within 12 months, or by directly filing a complete specification.
A complete specification is a detailed techno-legal document that includes claims defining the scope of protection, and it undergoes publication (typically within 18 months) and examination upon request. While provisional filings require a brief technical disclosure and inventor details, complete specifications require a detailed technical write-up along with novelty and inventiveness aspects. Our team ensures precise, legally robust drafting aligned with your business and innovation goals, enabling effective protection and enforcement of your patent rights.
Patent filing
Once the patent specification has been drafted, the next step is to file the patent application at the earliest to secure your priority date and initiate the protection process. Patent filing in India involves the preparation and submission of prescribed forms along with the specification, ensuring compliance with statutory requirements.
The filing process typically includes key forms such as Form 1 (application for grant), Form 2 (provisional/complete specification), Form 3 (statement and undertaking), Form 5 (declaration of inventorship), Form 9 (early publication), Form 18 or 18A (request for examination—normal or expedited), and Form 26 (power of attorney). Our team ensures accurate and timely filing, enabling a smooth transition from drafting to examination and eventual grant of the patent.
- Form 1 (Application for grant of patent)
- Form 2 (Provisional/Complete Specification)
- Form 3 (Statement and Undertaking)
- Form 5 (Declaration as to inventorship)
- Form 9 (Request for Early Publication)
- Form 18 (Request for Normal Publication)
- Form 18A (Request for Expedited Examination)
- Form 26 (Power of Attorney to be signed by the applicant in favor of patent agent)
The official filing fees for filing patent is as follows:
| S.No | Official Fee/Government Fee | INR |
|---|---|---|
|
1 |
Towards filing of patent application in India |
|
|
|
Natural Person/Start-up/Small Entity/Educational Institute |
1,600 |
|
|
Other than natural person – Large Entity |
8,000 |
|
2 |
Towards filing of request for examination |
|
|
|
Natural Person/Start-up/Small Entity/Educational Institute |
4,000 |
|
|
Other than natural person – Large Entity |
20,000 |
|
3 |
Towards filing of request for expedited examination |
|
|
|
Natural Person/Start-up/Small Entity/Educational Institute |
8,000 |
|
|
Other than natural person – Large Entity |
60,000 |
|
4 |
Towards filing of request for early publication |
|
|
|
Natural Person/Start-up/Small Entity/Educational Institute |
2,500 |
|
|
Other than natural person – Large Entity |
12,500 |
Patent Examination
After filing a patent application in India, it is mandatory to file a Request for Examination (RFE) within 31 months from the earliest priority date. Upon filing the request, the Indian Patent Office examines the application and typically issues the First Examination Report (FER) within 12–18 months. This process can be significantly accelerated by opting for expedited examination, wherein the FER is generally issued within 2 months, and the application is usually disposed of within one year.
Expedited examination is available to specific categories of applicants, including startups, small entities, female applicants, government institutions, applicants selecting the Indian Patent Office as ISA/IPEA in PCT applications, and those eligible under international arrangements or notified sectors. The official fee for examination varies based on the mode INR 4,000 for normal examination (for DPIIT-recognized startups) and INR 10,500 for expedited examination (or INR 8,000 with early publication fee of INR 2,500). Our team assists in strategizing and filing the appropriate examination requests to ensure timely and efficient prosecution of your patent application.
- the applicant, in the corresponding PCT application, has designated the Indian Patent Office (IPO) as the International Searching Authority (ISA) and/or International Preliminary Examining Authority (IPEA);
- the applicant is a startup entity;
- the applicant is a small entity;
- the applicant is a female, or in the case of joint applicants where all the applicants are natural persons, at least one of the applicants is a female;
- the applicant is a department of the government, or an institution owned/ controlled/ financed by the government;
- the application pertains to a sector which is notified by the central government on the basis of a request from the head of a department of the central government; or
- the applicant is eligible under an arrangement for processing a patent application pursuant to an agreement between the IPO and a foreign Patent Office
The official fee for request for normal/expedited examination is as follows:
Reply to Examination Report
Upon filing the request for examination, the Patent Office issues a First Examination Report (FER) outlining technical and formal objections. The applicant is required to submit a response within 6 months from the date of issuance, extendable by an additional 3 months as per applicable provisions.
Upon receipt of the examination report, our team conducts a detailed analysis of the objections and prepares a comprehensive, legally sound response, including amendments where necessary. We focus on effectively addressing the concerns of the Patent Office to advance the application towards grant while safeguarding the scope of protection.
Hearing
After submission of the response to the Examination Report, the Patent Office reviews the application along with the arguments presented. Based on its assessment, the Controller may either accept the application or schedule a hearing to seek further clarification.
During the hearing, the applicant (or their representative) is required to present and substantiate the technical features of the invention, particularly in light of the cited prior art. A written submission must also be filed within 15 days from the date of hearing. Upon considering the oral and written arguments, the Patent Office may either grant the patent or refuse the application by way of a reasoned order under Section 15 of the Indian Patents Act.
Patent Renewal
Once all requirements are satisfied, the Indian Patent Office grants the patent and issues a Patent Certificate. In India, a patent is valid for a term of 20 years from the date of filing, subject to the payment of annual renewal (maintenance) fees. These renewal fees are payable from the third year onwards to keep the patent in force.
It is important to note that a patent granted in India provides protection only within India. To secure rights in other countries, separate international or national filings must be made in the respective jurisdictions. Our team assists clients in managing timely renewals and planning global protection strategies to ensure uninterrupted and effective IP protection.
International Patent
Securing patent protection across multiple countries can be streamlined through two primary routes: the Patent Cooperation Treaty (PCT) route and the Convention (Paris Convention) route.
The PCT route allows applicants to file a single international application to seek protection in over 150 countries, along with an International Search Report and Written Opinion on patentability. The application is published after 18 months, and applicants can enter the national phase within 30–31 months, providing additional time for strategic decisions. In contrast, the Convention route requires separate filings in each country within 12 months of the first application, with each jurisdiction independently examining the patent as per its laws.
The choice between these routes depends on factors such as number of countries, cost, and timeline. Our team assists in selecting the most suitable strategy and managing international filings to ensure effective and wide-ranging protection for your inventions.
Patent Cooperation Treaty (PCT) Route
The Patent Cooperation Treaty (PCT) offers a streamlined process for seeking patent protection in multiple countries. Administered by the World Intellectual Property Organization (WIPO), the PCT simplifies the initial filing procedure by allowing applicants to file a single international application
- Single International Application: By filing one international application under the PCT, you can simultaneously seek protection for an invention in over 150 PCT contracting states
- International Search Report and Written Opinion: The application undergoes an international search by a chosen International Searching Authority (ISA), resulting in an International Search Report (ISR) and a Written Opinion on the patentability of the invention
- Publication: The international application is published by WIPO approximately 18 months after the priority date, making the invention public
- National Phase Entry: Within 30 or 31 months (depending on the country) from the priority date, you must enter the national phase by filing your application directly in the countries where you seek protection. Each country then processes the application according to its national laws
Convention Route
The Convention route, governed by the Paris Convention for the Protection of Industrial Property, allows for patent protection in multiple countries by filing individual patent applications in each country, claiming the priority of an earlier application. Key features include:
- Priority Claim: If you have filed a patent application in a Paris Convention member country, you can claim priority for the same invention in other member countries within 12 months of the initial filing date
- Direct Filing in Each Country: Separate patent applications must be filed in each desired country within the 12-month priority period. Each application will be subject to the national laws and procedures of the respective countries
- Independent Examination: Each country will independently examine the application, and decisions regarding patentability are made according to national laws
Which Route to Choose?
Choosing between the PCT route and the Convention route depends on various factors such as:
- Number of Countries: The PCT route is more efficient if seeking protection in multiple countries, whereas the Convention route may be suitable for a limited number of countries
- Cost Considerations: The PCT route can be cost-effective in the initial stages, but national phase entry fees and prosecution costs in each country should be considered
- Timing: The Convention route requires filing in each country within 12 months, whereas the PCT route provides a longer timeline (up to 31 months) before national phase entry
Our team of IP professionals is here to guide you through the complexities of international patenting, ensuring that your inventions receive the broadest possible protection across desired jurisdictions. Contact us today to learn more about your options and to develop a strategic plan for your intellectual property
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